The Veteran's back disability was found to not meet the criteria for a higher evaluation prior to February 3, 2009 and from February 3, 2009 forward. The Board denied an increased rating based on lack of evidence of incapacitating episodes or additional loss of function due to pain.
The deciding factor: The Veteran's back disability did not meet the criteria for a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine, as her range of motion was within normal limits. Additionally, there were no documented incapacitating episodes or evidence of additional loss of function due to pain.
- Claimed conditions
- Lumbar strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 11, 2012
- Citation
- 1223931
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 1223931.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's claims for increased ratings for his lumbar spine disability and associated radiculopathies were denied. The Board found that the current evaluations met the criteria under the General Formula of 38 C.F.R. § 4.71a, Diagnostic Code 5243.
- Whole decision: Denied
The Veteran's service-connected disabilities did not render him incapable of employment prior to December 17, 2013. The Board denied entitlement to a total disability rating based on individual unemployability (TDIU) on an extraschedular basis.
- Whole decision: Granted
The Veteran has been rendered unable to secure or follow a substantially gainful occupation due to service-connected disabilities including PTSD, cervical radiculopathy, lumbar strain with degenerative joint disease, and tinnitus. The Board grants the TDIU.
- Whole decision: Granted
The veteran's service-connected lumbar strain with degenerative joint disease was rated at 60 percent for accrued benefits purposes, as the severity of his disability most closely approximated pronounced intervertebral disc syndrome.
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